Congress Article Flashcards
Tax Power
Congress may spend for any purpose, not meraly for the the accomplishment of the enumerated power???
Congress can tax and spend for the general welfare.
Congress tax measure will be upheld if it bears SOME MEASURABLE RELATION to revenue production or if Congress has power to regulate tax activity.
- Requirement of uniformity in the levy of indirect taxes has been interrupted by the COurt to mean geographic uniformity. Identical in every state found.
Commerce Power
1) Congress may regulate CHANNELS OF INTERSTATE COMMERCE
2) may regulate economic activity that has SUBSTANTIAL EFFECT on interstate commerce.
3) May regulate INTRUMENTALITIES of interstate commerce and person or thing in interstate commerce.
Property Clause
gives congress the power to “make all needed rules and reg respecting the territory or property belonging to the US.
Necessary and Proper Clause
Congress can do anything that is necessary and propert to carry out it’s authority
Congress
War and Regulatory Power
A1 S8 give congress the power to:
- declare war,
- raise and support army,
- provide and maintain navy,
- make rules for government and regulation of the armed forces, and
- organize, arm, discipline, and call up the militia.
- Other congressional power may have direct or indirect effect on military purpose.
Congress Authority to Act
10th Amendment
All power not granted to US, nor prohibited to the state, are reserved to the state or the people.
- Congress can induce state government action by putting string on grants, so long as the conditions are expressly stated and relate to the purpose of the spending program.
Congress Delegation
1) No limits exists on Congress’s ability to delegate legislative power
2) Congress may not delegate executive power to itself or its officer.
Bicameralism
Passage by both the house and Senate
Congress
Limitation on Delegation
1) Power cannot be unique confined to Congress
2) Clear Standard
3) Separation of power limitation
